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Paramount Subdivision No. 22 FP13-004BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 38 SINGLE- ) FAMILY RESIDENTIAL ) BUILDING LOTS AND 5 ) COMMON/OTHER LOTS ON 14 ) ACRES INAN R-8 ZONING ) DISTRICT ) BY: BRIGHTON DEVELOPMENT ) INC. ) APPLICANT ) HEARING DATE: FEBRUARY 19, 2013 CASE NO. FP-13-004 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on February 19, 2013 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning Department and Public Works Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PARAMOUNT SUBDIVISION NO. 22, LOCATED IN THE NE '/4 of SECTION 25, T.4N., R.1 W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2013, HANDWRITTEN DATE: 12/6/2012, JAMES R. WASHBURN, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDNISION N0.22 (FP13-004) Page 1 of 3 Mayor and City Council from the Planning Department and the Development Services division of the Public Works Department dated February 19, 2013, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Mike Wardle, Brighton Corporation, Inc., a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDNISION N0.22 (FPI3-004) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the S`~'` day of 2013. Y Tammy de e d Mayor, City of Meridian Attest: ~oRrr~D"UCOs .O¢ TI v ~~ w City of E IDIAN~- Jaycee o an -~ ~tiA~® City Clerk `'~~, SEAL ~r ~ ~~ ~P ~~rhe TnE~+s~~~ Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. -- ._.. By: Dated: ~`~r~,~ ~~ ~ Zp1~, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SLTBDNISION NO. 22 (FP13-004) Page 3 of 3 STAFF REPORT Hearing Date: TO: FROM: SUBJECT: February 19, 2013 Mayor & City Council Sonya Wafters, Associate City Planner 208-884-5533 E IDIAN~-- 1DAHD Bruce Freckleton, Development Services Manager 208-887-2211 FP-13-004 -Paramount Subdivision No. 22 I. APPLICATION SUMMARY The applicant, Brighton Development Inc., has applied for final plat approval of 38 single-family residential building lots and 5 common other lots on 14 acres of land for Paramount Subdivision No. 22. The zoning district for the proposed subdivision is R-8 (Medium-Density Residential). This is the second and final phase of development of the Paramount North Subdivision preliminary plat (PP-12-006). II. STAFF RECOMMENDATION Staff recommends approval of the Paramount Subdivision No. 22 final plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP-13-004 as presented in the staff report for the hearing date of February 19, 2013, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP-13-004, as presented during the hearing on February 19, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP-13-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the east side of N. Fox Run Way, south of E. Chinden Blvd., in the NE '/4 of T. 4N., R. 1 W., Section 25. B. Applicant: Brighton Development, Inc. 12601 W. Explorer, #200 Boise, Idaho 83713 Paramount Subdivision No. 22 - FP-13-004 PAGE 1 C. Owner: Brighton Land Holdings, LLC 12601 W. Explorer, #200 Boise, Idaho 83713 D. Representative: Mike Wardle 12601 W. Explorer, #200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed plat depicts 38 single-family residential building lots and 5 common/other lots on 14 acres of land. The gross density of the proposed subdivision is 2.71 dwelling units (d.u.) per acre with a net density of 3.49 d.u. per acre. The average lot size is 8,835 square feet (s.f.) and the minimum anticipated dwelling size is 1,400 s.f. All of the lots proposed for this phase of development are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district. In 2003, a conditional use permit for a planned development (CUP-03-008) was approved for the overall Paramount development which included the subject property. The CUP allows for reductions to setbacks, lot sizes, and lot frontages. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and conditional use and found there to be one fewer building lot and an increase in the overall common area from 2.42 acres to 2.84 acres (or from 9.13% to 10.7% of the site). However, playground equipment and benches were shown on the preliminary plat landscape plan and are required to be provided as a condition of the preliminary plat; the applicant shall revise the landscape plan to include these amenities. A section of the City's multi-use pathway system is depicted on the landscape plan to be constructed on this site. Because the number of buildable lots has decreased and the amount of common open space has increased to meet and exceed UDC standards, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexations (AZ-03-006, AZ-12-002), development agreement (instrument # 103137116), preliminary plat (PP-03-004, PP-12-006) and conditional use permit/planned development (CUP-03-008) applications for this subdivision. 2. The applicant shall obtain the City Engineer's signature on the final plat within two years of the approval of the preliminary plat (8/7/12) or within two years of the City Engineer's signature on a previous final plat if it is a phased of development, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Engineering Northwest, LLC, stamped on December 6, 2012 by James R. Washburn shall be revised as follows: a. Note # 14: Include instrument # for license agreement. Paramount Subdivision No. 22 - FP-13-004 PAGE 2 5. The landscape plan prepared by The Land Group, dated December 12, 2012, shall be revised as follows: a. The 6-foot wide parkways (with root barriers) and landscaping may be installed at the time of lot development as set forth in UDC 11-6C-3H. b. Include a children's play structure and benches on Lot 1, Block 58 as proposed and approved with the preliminary plat. 6. Prior to City Engineer signature on the final plat, the applicant shall obtain City Council approval of and record a public pedestrian easement for the 10-foot wide multi-use pathways shown on the plat. 7. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 8. Staffls failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. VII. GENERAL REQUIREMENTS 1. Street signs are to be in place, domestic water system shall be installed approved and activated, sanitary sewer main(s) shall be installed and passed air test and video inspection and final plat recorded prior to applying for building permits. 2. All development improvements, including but not limited to water and sewer, shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11- SC-1. 3. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 6. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 7. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 8. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 9. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. Paramount Subdivision No. 22 - FP-13-004 PAGE 3 10. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 11. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 12. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete public sewer, and water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 13. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two (2 years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development for more information at 887-2211. 14. A letter of credit, cash surety or bond in the amount of 110% will be required for all uncompleted non-life safety improvements (eg. fencing, landscaping, amenities, etc.), prior to signature on the final plat. 15. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Street lighting is required at intersections, corners, cul-de- sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (PP-12-006) C. Proposed Final Plat (dated: 12/6/12) D. Proposed Landscape Plan (dated: 12/12/12) Paramount Subdivision No. 22 - FP-13-004 PAGE 4 Exhibit A -Vicinity Map Paramount Subdivision No. 22 - FP-13-004 PAGE 5 Exhibit B -Approved Preliminary Plat (PP-12-006) .1 ,~ ,~. ,, . ~, _. M M /-~ >~ F- ~ 1'u•'e ~ ~ -T 1 . ~ ® ~ t •i _- - ,: -- m ~ ' -' 1 --~ __~ _ E P. ~ _ti _.. a ~ -___ .... ~ _.....,._ - -- _.,~: ~ , >n ® ®,^~ . ® ,Gib. - ~~ 1. 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MERIDIAN, ADA COUNTY, IDAHO i 2013 (~ ecru ~~ ~~ f ~ f ~~ cart ....... >Rrl~.vtrxr~.. gv.~ru~r1. l..~l,..l.».. ate? tai a+s «..wwllae.w. • r~sl,~rw al ~e ----- a..... ---- ~....~.. •MrtV W MIr j ~ ~.. i ~~ ~~ YrIY1a 1/lli~r O ~ rIrIMY Ills ~•~~ ~_~ - awwlwwrr ~ ' . ~. _._..~.._ IgrRMIM 116 • ~i~ •~~~lln" "=l~ir~liin~~{1•tiialls • ~l~ A1~ Ar ~ =~ ' ~,, ~,rq~ l~~ r j t •M~.Ilal[IIMI~I ~~ ^:. r • ~ ~Ti ~'ia'~.l~Ir ' -wr•w lll~rMA~iAIMNw~M/~tw•rMM~rK M~I~M IY~e • W~~r ~ ~MA I Ir l~l~lr II W ~ ~ ~w ~~ ~~rr - y . +l~II~~Irtl~~erAM~ r ~ •~ 1 r ~`~~iR~Z~~o~rrlrrrsanr~•c l • ~~ •[M jar r `~ ~ ~rl ya. . 1 °~w-~~~si•i{,'~~la~~rlw~rl~oln =1 M =~ rMl~ wM 11~R~1~ 1~~. 0 ' 1 ~ ~ ' R~11 •MIIWI~)l1t W` rlY~rW~I Paramount Subdivision No. 22 - FP-13-004 PAGE 7 Exhibit D. -Proposed Landscape Plan (dated: 12/12/12) ,~ __ . ~ saraue _ -~...._. -._ ._ Fitstl PW SarWet.9C9 Ngee i -. ~. s,. .1 , .n~. .~_ _. ... ,~ y ~. -~ -. , . ,.. .. _._. _. 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I ~J - 1 ACRD lan~eupa Ptn Notes O I ,..~ t ~ .r I ~1 f - K~' ~ .. ~. // lii ~~ ~'4'+"•.~ si~N~NL~-.eeeeeNeNeeeNftl-~NM~eeMMNNNe~~~}~I~YMeNNeNw~M~M~ w .. ~., .,~,. ~,... w. ......~, ...«.. .,• f ~1 DstiMOin Troy PWiWp Y PaAwa~ Stp a-. i... ~ .. i y ~__ PI~n Vww - - - _. _ ~ . i ;" _. ~ ~~ ,.. ..__ '~ ~ ' _ ~ ~. ~ (~ ~. \ ~ O ~ ---- • , -,., (~. ~ ~~~ ~ r ~~ i ~ - •~ ~, ~ ~ _ ~.. ~ ~, ~~`~1.,.- Y-. / , ~ ~ ~', ... ~ \\ ~ ~, \~ ~ '.:. .\ ~ ~~ \ ,~,~: ,~. ., -- - - ~, - ~.~.; -- Paramount Subdivision No. 22 - FP-13-004 PAGE 8 EX 1 ~ Machelle Hill From: Sonya Wafters Sent: Tuesday, February 19, 2013 2:55 PM To: Machelle Hill;: Jacy Jones Subject: FW: Paramount No. 22 staff report for 02/19/13 CC MTG -Applicant Response From: Mike Wardle [mailto:MWardle@brightoncarp.com] Sent: Friday, February 15, 2013 10:42 AM To: Jaycee Holman; Jacy Jones; Machelle Hill Cc: Bill Parsons Subject: RE: Paramount No. 22 staff report for 02/19/13 CC MTG ~~ We have reviewed the staff report for Paramount Subdivision No. 22 and concur with the recommended conditions of approval. I will attend the meeting Tuesday, February 19th to answer questions that Council members may have,. Mike Wardle